Clarification-legal agreements


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Posted by Colleen on Monday, 17. October 2005 at 14:27 Bali Time:

there has been a recent thread which is now a fair way down the page & started off as " Changes to motor bike licences" but evolved into a discussion on foreigners & legal agreements.
I was rather concerned about some of the things mentioned in these posts & decided to look into the matter further.I have spoken to some long time expat friends in Bali who regularly deal in business & legal matters & who I have complete confidence & faith in the information they have given me.

Starting from the top- ALL foreigners sign what is a legally binding document even before they set foot in Bali.That's the immigration card & customs declaration card filled out on the plane about an hour before landing.I assure you that this is as legal as hell,very binding & very enforceable.Of course those documents are more of an affidavit than a contract but in essence they are the same.

Another often almost immediate contract is the use of a credit card.Any foreigner found in Bali trying to use a stolen or misappropriated credit card is as subject to the laws of Indonesia as anywhere in the world.

Also almost immediate contract,is the registration one signs when checking into a hotel.When signing such an agreement,one is immediately agreeing to pay all fees that they incur during their visit.Signing a hotel registration card is likely the first real "contract" documents that each & every one of us as foreigners signs not only in Bali but anywhere in the world.

Contracts to rent or lease -be they motor bikes,cars,real estate are also very binding contracts that foreigners are totally allowed to enter into & are subject to enforcement of that contract by Indonesian law.

Marriage contracts,long term lease contracts,business contracts etc are all allowed to be entered into by Foreigners - REGARDLESS of their visa status & are ALL very,very enforceable.If a foreigner signs a business contract even when only under a tourist or social /cultural visa,that foreigner IS guilty of a visa violation for certain BUT that does NOT free the foreigner from their contractual obligations & responsibilities.

I hope this information may clarify the situation for any one else who was concerned about what was posted re tourists/foreigners & the legality of contracts in Bali or the rest of Indonesia.My intentions in doing this post is not to offend or upset anyone & their opinons. I just didn't feel right about what I read & suspected that others may have felt the same.I wanted to get to the bottom of it all & find out the truth.


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